Agenda item
LOCALISM ACT 2011 - THE AMENDED STANDARDS REGIME
To adopt a new Code of Conduct for elected and co-opted members; and to agree other matters relating to the revised Standards regime introduced by the Localism Act 2011.
The revised report of the Assistant Chief Executive (Legal Services) is attached. The proposals contained in the report have been subject to further consultation with elected members and with independent members of the Standards Committee at a Members' seminar on 30th May, and have been amended accordingly. Any additional recommendations of the Standards Committee meeting on 12th June 2012 will be reported to the Council.
Decision:
Councillor Ohid Ahmed moved, and Councillor Alibor Choudhury seconded, an amendment to paragraphs 4.8 and 4.11 of the draft terms of reference of the Standards Advisory Committee. On being put to the vote, the amendment was agreed as incorporated in decision 1(a) below.
DECISION
1. That agreement be given, with effect from 1st July 2012, to:-
(a) The establishment of a Standards Advisory Committee with revised terms of reference as set out in Appendix 1 to the addendum report of the Assistant Chief Executive (Legal Services), subject to the addition of the words “and other faiths” after the word “church” in paragraphs 4.8 and 4.11 of the revised terms of reference.
(b) The re-appointment of the current Independent Members of the Standards Committee, with the exception of the Independent Chair, as co-optees to the new Standards Advisory Committee.
(c) The adoption of the new Code of Member Conduct for the Council as set out in Appendix 3 to the addendum report.
(d) The revised arrangements for dealing with allegations of a breach of the Code of Conduct as set out in Appendix 2 to the addendum report.
2. That the Monitoring Officer be authorised to make arrangements to advertise for, and together with an Appointments Panel drawn from the Standards Advisory Committee in accordance with proportionality to take the necessary action to appoint, an Independent Person and a reserve Independent Person, whose appointments shall be confirmed by the Council.
3. That the existing Independent Chair of the Standards Committee, Mr Barry O’Connor, be appointed as the ‘Independent Person’ under the new arrangements, to serve until the completion of the recruitment process to that position.
4. That consequent on resolution 3 above, the existing Chair of the Standards Committee be not appointed at this stage as a co-opted member of the new Standards Advisory Committee but that he be invited to attend meetings of that Advisory Committee as an observer.
5. That the Monitoring Officer have authority to convene a Dispensations Sub-Committee of the Standards Advisory Committee, to consider and advise on applications from the Mayor, any Member or co-opted member for dispensations from the restrictions on participation in any matter in which there is a Disclosable Pecuniary Interest.
(Action by: Isabella Freeman, Assistant Chief Executive [Legal Services];
John S. Williams, Service Head, Democratic Services)
Minutes:
The Council considered the report of the Assistant Chief Executive (Legal Services) proposing arrangements for the adoption of an amended Standards regime as introduced by the Localism Act 2011.
The Council noted that an addendum report, which was circulated with the supplementary agenda, proposed additional amendments that had arisen due to:
(i) Two Statutory Instruments made on 6th June 2012 in connection with the 2011 Act which gave further direction on the detail of the new regime, particularly in relation to the definition of a ‘Disclosable Pecuniary Interest’ and made provision for transitional arrangements; and
(ii) The meeting of the Standards Committee on 12th June 2012, when further consideration had been given to the new arrangements and comments thereon submitted by the political groups and others.
The addendum report accordingly set out revised recommendations for the Council’s consideration.
Councillor Ohid Ahmed moved, and Councillor Alibor Choudhury seconded, an amendment to the recommendations as follows:-
“That the words ‘and other faiths’ be inserted after the word ‘church’ in paragraphs 4.8 and 4.11 to the draft terms of reference of the Standards Advisory Committee.”
The amendment moved by Councillor Ohid Ahmed was put to the vote and was agreed.
The substantive recommendations as amended were then put to the vote and were agreed. Accordingly it was:-
RESOLVED
1. That agreement be given, with effect from 1st July 2012, to:-
(a) The establishment of a Standards Advisory Committee with revised terms of reference as set out in Appendix 1 to the addendum report of the Assistant Chief Executive (Legal Services), subject to the addition of the words “and other faiths” after the word “church” in paragraphs 4.8 and 4.11 of the revised terms of reference.
(b) The re-appointment of the current Independent Members of the Standards Committee, with the exception of the Independent Chair, as co-optees to the new Standards Advisory Committee.
(c) The adoption of the new Code of Member Conduct for the Council as set out in Appendix 3 to the addendum report.
(d) The revised arrangements for dealing with allegations of a breach of the Code of Conduct as set out in Appendix 2 to the addendum report.
2. That the Monitoring Officer be authorised to make arrangements to advertise for, and together with an Appointments Panel drawn from the Standards Advisory Committee in accordance with proportionality to take the necessary action to appoint, an Independent Person and a reserve Independent Person, whose appointments shall be confirmed by the Council.
3. That the existing Independent Chair of the Standards Committee, Mr Barry O’Connor, be appointed as the ‘Independent Person’ under the new arrangements, to serve until the completion of the recruitment process to that position.
4. That consequent on resolution 3 above, the existing Chair of the Standards Committee be not appointed at this stage as a co-opted member of the new Standards Advisory Committee but that he be invited to attend meetings of that Advisory Committee as an observer.
5. That the Monitoring Officer have authority to convene a Dispensations Sub-Committee of the Standards Advisory Committee, to consider and advise on applications from the Mayor, any Member or co-opted member for dispensations from the restrictions on participation in any matter in which there is a Disclosable Pecuniary Interest.
Supporting documents:
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Item 3 - Standards regime, item 3.
PDF 199 KB
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Item 3 - Standards Regime Appx 6 DPI Regs, item 3.
PDF 73 KB
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Item 3 - Standards regime ADDENDUM REPORT, item 3.
PDF 84 KB
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Item 3 - Standards regime ADDENDUM REPORT Appendices, item 3.
PDF 81 KB